26 U.S.C. § 6046

Editorial Notes

Amendments

Pub. L. 110–1722007—Subsec. (b). substituted “subsection (a)(1)(A)” for “subsection (a)(1)” and “subparagraph (B) or (C) of subsection (a)(1)” for “paragraph (2) or (3) of subsection (a)”.

Pub. L. 105–341997—Subsec. (a). reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “A return complying with the requirements of subsection (b) shall be made by—

January 1, 1963“(1) each United States citizen or resident who is on , an officer or director of a foreign corporation, 5 percent or more in value of the stock of which is owned by a United States person (as defined in section 7701(a)(30)), or who becomes such an officer or director at any time after such date,

January 1, 1963“(2) each United States person who on , owns 5 percent or more in value of the stock of a foreign corporation, or who, at any time after such date—

January 1, 1963“(A) acquires stock which, when added to any stock owned on , has a value equal to 5 percent or more of the value of the stock of a foreign corporation, or

“(B) acquires an additional 5 percent or more in value of the stock of a foreign corporation,

January 1, 1987“(3) each person (not described in paragraph (2)) who, at any time after , is treated as a United States shareholder under section 953(c) with respect to a foreign corporation, and

January 1, 1963“(4) each person who at any time after , becomes a United States person while owning 5 percent or more in value of the stock of a foreign corporation.

In the case of a foreign corporation with respect to which any person is treated as a United States shareholder under section 953(c), paragraph (1) shall be treated as including a reference to each United States person who is an officer or director of such corporation.”

Pub. L. 100–647, § 1012(i)(19)(C)1988—Subsec. (a). , inserted sentence at end relating to foreign corporation with respect to which any person is treated as a United States shareholder under section 953(c).

Pub. L. 100–647, § 1012(i)(19)(A)Subsec. (a)(3), (4). , added par. (3) and redesignated former par. (3) as (4).

Pub. L. 100–647, § 1012(i)(19)(B)Subsec. (b). , substituted “paragraph (2) or (3) of subsection (a)” for “subsection (a)(2)”.

Pub. L. 97–2481982—Subsec. (d). inserted “(or on or before such later day as the Secretary may by forms or regulations prescribe)”.

Pub. L. 94–455, § 1906(b)(13)(A)1976—Subsec. (b). , struck out “or his delegate” after “Secretary”.

Pub. L. 94–455, § 1906(a)(4)Jan. 1, 1963June 1, 1963June 1, 1963Subsec. (e). , struck out provisions relating to the requirement for information to be furnished in the case of liability to file a return under subsec. (a) of this section arising on or after , and before , under regulations in effect on or before .

Pub. L. 87–8341962— substituted “organization or reorganization of foreign corporations and as to acquisitions of their stock” for “creation or organization, or reorganization, of foreign corporations” in section catchline.

Pub. L. 87–834Subsec. (a). amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:

General Rule“(a) .—On or before the 90th day after the creation or organization, or reorganization, of any foreign corporation—

“(1) Each United States citizen or resident who was an officer or director of the corporation at any time within 60 days after the creation or organization, or reorganization thereof, and

“(2) Each United States shareholder of the corporation by or for whom, at any time within 60 days after the creation or organization or reorganization of the corporation, 5 percent or more in value of the stock of the corporation outstanding was owned directly or indirectly (including, in the case of an individual, stock owned by members of his family),

shall make a return in compliance with the provisions of subsection (b).”

Pub. L. 87–834Subsec. (b). inserted the exception providing that in the case of persons described only in subsec. (a)(1) the information required shall be limited to the names and addresses of persons described in subsec. (a)(2).

Pub. L. 87–834Subsec. (c). substituted provisions requiring, for purposes of subsec. (a), stock owned directly or indirectly by a person (including, in the case of an individual, stock owned by members of his family) to be taken into account for provisions which defined “United States shareholder”.

Pub. L. 87–834section 6679 of this titleSubsecs. (d) to (f). added subsecs. (d) and (e) and redesignated former subsec. (d) as (f) and inserted a reference to .

Pub. L. 86–7801960— substituted “Returns as to creation or organization, or reorganization, of foreign corporations” for “Returns as to formation or reorganization of foreign corporations” in section catchline.

Pub. L. 86–780Subsec. (a). substituted requirement that returns relating to the creation, organization, or reorganization of foreign corporations be made by every citizen or resident of the United States who was an officer or director of the corporation at any time within 60 days after its creation, organization, or reorganization, and by every United States shareholder of the corporation owning at least 5 percent of its outstanding stock at any time within such 60 days for requirement that every attorney, accountant, fiduciary, bank, trust company, financial institution, or other person, who advises as to the formation or reorganization of a foreign corporation, file a return in accordance with regulations prescribed by the Secretary of the Treasury or his delegate.

Pub. L. 86–780Subsec. (b). reenacted the substance of subsec. (b), struck out “to the full extent of the information within the possession or knowledge or under the control of the person required to make the return” before “such information”.

Pub. L. 86–780Subsec. (c). inserted the provisions defining United States shareholder and members of family and struck out provision relating to the making of a return by an attorney-at-law with respect to privileged communications.

Statutory Notes and Related Subsidiaries

Effective Date of 1997 Amendment

Pub. L. 105–34, title XI, § 1146(b)Aug. 5, 1997111 Stat. 986

Effective Date of 1988 Amendment

Pub. L. 100–647Pub. L. 99–514section 1019(a) of Pub. L. 100–647section 1 of this titleAmendment by effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, , to which such amendment relates, see , set out as a note under .

Effective Date of 1982 Amendment

Pub. L. 97–248, title III, § 341(c)Sept. 3, 198296 Stat. 635

Effective Date of 1962 Amendment

Pub. L. 87–834, § 20(e)(2)Oct. 16, 196276 Stat. 1063

Effective Date of 1960 Amendment

Pub. L. 86–780, § 8Sept. 14, 196074 Stat. 1016